On The Direct Action Of Seafarer's Injury And Death Compensation

The direct action of seafarer's injury and death compensation, as the name suggests, means that seaman can claim against liability insures and security sponsors directly. Seaman is a large group which have many particularities. The exist legal system such as maritime liens, remedies of breach of contract, remedies of tort and so on cannot protect seaman's rights from injury and death completely. The purpose of this regulation is to solve the problem exist in the procedure of the compensation of seafarer's injury and death, and add the seaman's claim rights to a perfect legal procedure system. It can protect the seaman's rights base on his characteristic, and make up the defect of the exist regulations, as well as meet the liability insurance and financial security system, to protect seaman's rights effectively.Considering the relevant direct action the author make more comprehensive combing with the research to conceive the regulation of the direct action when seafarer claim compensation for his injury or death, the full text has been divided into five parts: The first part has studied the legal evolution of the direct action, the legislation of other countries. The latter contains the necessity of this regulation, it is decided by the characteristic of seaman's injury and death compensation, seaman's injury and death liability insurance is the direct motivation of this regulation, the financial security is the society motivation of this regulation. The third part is the discussion on the condition and the pattern of the direct action. The fourth part is the legislation suggestion of the material law and procedural law, The fifth part has carried on the summary to the article, it is conclude that the theory and the pattern of the regulation of direct action of seafarer injury and death compensation,and finally present the legislation suggestion.Looking from the full text, the exist and application of direct action is the foundation of this paper, subject to the characteristic of seafarer's injury and death compensation and the defect of the exist legal system, combine direct action with liability insurance and security,take example by the direct action of vessel pollution compensation and the traffic accident vehicle insurance, offer the idea of direct action in seafarer's injury and death compensation, and specified the rights and liabilities of the relevant parties and so on. Only stipulate them in this way can protect the seaman's claim rights effectively.